Karnataka High Court
Champ Of Aces vs The State Of Karnataka on 23 January, 2025
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CCC No. 17 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 17 OF 2024 (CIVIL)
BETWEEN:
1. CHAMP OF ACES
A SOCIETY REGISTERED
UNDER THE PROVISIONS OF
THE SOCIETIES REGISTRATIONS ACT, 1960
HAVING ITS REGISTERED OFFICE AT
#41, 4TH BLOCK, 17TH MAIN, 100 FEET ROAD
KORAMANGALA, BANGALORE - 560 034
REPRESENTED BY ITS MEMBER
SRI HARISH S.
...COMPLAINANT
(BY SRI PRASAD K.R. RAO., ADVOCATE)
Digitally AND:
signed by
AMBIKA H B
1. THE STATE OF KARNATAKA
Location: REPRESENTED BY ITS PRINCIPAL SECRETARY
High Court AMBEDKAR VEEDHI
of Karnataka
VIDHANA SOUDHA
BANGALORE - 560 001.
...PRO FORMA RESPONDENT
2. SRI P.N. NATARAJ
INSPECTOR OF POLICE
/STATION HOUSE OFFICER
KORAMANGALA POLICE STATION
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CCC No. 17 of 2024
HAVING ITS OFFICE AT 8 /A
20TH MAIN ROAD
6TH BLOCK, KORAMANGALA
BENGALURU - 560 095.
3. ARUN KUMAR
ASSISTANT SUB-INSPECTOR OF POLICE
KORAMANGALA POLICE STATION
HAVING IS OFFICE AT 8/A
20TH MAIN ROAD
6TH BLOCK, KORAMANGALA
BENGALURU - 560 095.
4. SRI JAGADISH
POLICE CONSTABLE
KORAMANGALA POLICE STATION
HAVING ITS OFFICE AT 8/A
20TH MAIN ROAD
6TH BLOCK, KORAMANGALA
BENGALURU - 560 095.
...ACCUSED
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO HOLD
THE ACCUSED GUILTY FOR COMMITTING OFFENCE
PUNISHABLE UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 THEREBY VIOLATING THE
ORDER DATED 02.11.2023 PASSED BY THIS HONBLE COURT
IN W.P.NO.23884/2023 VIDE ANNEXURE C AND PUNISH THEM
TO THE MAXIMUM IN ACCORDANCE WITH LAW & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CCC No. 17 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The writ petition came to be disposed of by learned Single
Judge by the order dated 02.11.2023 providing that the issue was
covered by the decision of the Co-ordinate Bench in TILT Room-2
vs. State of Karnataka and others, which was Writ Petition
No. 20532 of 2023 disposed of on 20.09.2023 and that the
directions issued in the said decision would apply in the present
case.
2. Those directions are reproduced extracting from paragraph 6
of the said decision as under,
"6. The learned counsel for the petitioner has
brought to the notice of this Court a judgment passed by
the Division Bench of this Court at Kalaburagi, in
W.A.No.20090/2015 in the case of D.V.R. Recreation
Club Vs State of Karnataka, disposed of on 27.06.2016
and further order issued on a review petition in the same
matter on 19.10.2016. In view of the subsequent
directions issued by the Hon'ble Division Bench, the
present writ petition is disposed of with the following
directions:
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a. The petitioner shall install within a period
of six weeks, CC TV cameras, at all the
places of access to its members and also at
all the places, wherein game/s is/are played
by the members. The CC TV footage of at
least prior 15 days' period shall be made
available by the petitioner, to the police, as
and when called upon to do so.
b. The petitioner shall issue identity card(s)
to all its member(s), which shall be
produced by the member(s), when called
upon by the police, during the raid(s) and
surveillance etc.
c. The petitioner shall not permit any activity
by any of its member(s), by indulging in acts
of amusement, falling within the definition of
Ss.2 (14) & 2 (15) of the Act and shall not
permit any game(s) of chance as per
Explanation (II) of Sub-section (7) of
Section 2 of Karnataka Police Act, 1963.
The member(s) shall not be allowed to play
any kind of game(s) with stakes or make
any profit or gain out of the game(s) played,
except games of skills.
d. The petitioner shall put proper
mechanism in place and shall ensure that
no game(s) is played in any unlawful
manner by the member(s). If the police find
that any of the game/s played is/are
contrary to any law and in violation of the
settled practice, it is open for them to take
action against petitioner and the offenders,
in accordance with law.
e. The jurisdictional police shall have liberty
to visit premises periodically and/or on
receipt of any information about any
unlawful activity being carried on in the
petitioner's premises.
f. The respondents are directed not to
interfere with the lawful recreational
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activities carried on by the members of the
petitioner - Club/Association.
g. It is made clear that this order would not
come in the way of the jurisdictional police
invoking the provisions of the Act and taking
action in accordance with law, if the
member(s) of the petitioner are found to
have indulged in any unlawful or immoral
activities."
3. In the present case also, same directions are brought under
the contempt jurisdiction.
4. In M/s. Meta Hospitality Pvt. Ltd vs. State of Karnataka
and others, which was CCC No.97 of 2024 decided on 18.03.2024
identical directions were the subject matter of contempt jurisdiction
wherein the Court observed as under,
"2. When the aforesaid directions were brought under
the present contempt proceedings, the respondent-
accused through learned Government Advocate
Mr. S.S. Mahendra filed the affidavit detailing the
instructions given to the police officers regarding the
manner of visiting and inspecting the premises of the
complainant and only upon availability of credible
information, to take steps in accordance with law.
3. The aforesaid affidavit and the contents thereof
mark due compliance of the directions of learned Single
Judge."
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4.1 The same observations and directions shall apply in the
present case.
5. The present contempt petition is accordingly disposed of in
the same terms.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
CR
